“The Military ‘End Run’ Around Lawrence v. Texas”

Leonard Link: “Now there is a new court martial appeals decision that shows them taking an end-run around Lawrence and Marcum, U.S. v. Harvey, 2009 WL 1508376 (Air Force Court of Criminal Appeals, April 9, 2009). For some reason, they’ve decided NOT to publish this one in the Military Justice Reporter, even though it is staking out new ground. So, what if you have an officer who engages in “homosexual conduct” with civilians while off duty and off the base, and you know his conduct can’t be prosecuted under Sec. 125 because of Marcum. “